Encroachment Policy and Procedure

Encroachments

Please note: As of July 18, 2016, the City of Chestermere does not allow encroachments on city roads or utility right of ways.

An encroachment is loosely defined as being any portion of a building, fence, driveway, retaining wall or other structure which extends onto City property. The City has established a corporate policy for processing encroachment agreements.

The City owns parcels of land, including streets and lanes, public utility lots and parks. The City also has interests in privately-owned lands by way of easements. These easements are granted to the City to allow utility line(s) to be installed and maintained on, over or under privately-owned lands. The rights and privileges of both the property owner and the City are specified in the easement document registered on the property title.

Development and Infrastructure Services ensures that encroachments do not adversely affect the City lands and easements. This happens when the City’s ability to maintain services is affected and/or when public access to City lands is restricted.

Formal approval is required from the City of Chestermere to protect the City and public utilities from existing or proposed encroachments. An encroachment agreement is issued for streets, lanes, City-titled lands and easements, if your property qualifies. Owners of the encroachment are required to enter into an agreement with the City or remove the encroachment.

Application procedure – Encroachment agreement

What do you need to obtain an Encroachment Agreement?

1.A copy of title: Copies may be contained from private registry companies. You need to provide the legal description of the property for which you are seeking a title.2.A Real Property Report with compliance: Real Property Reports (survey) may be obtained from any Alberta land surveyor. These reports provide a detailed map of a property. We require an original or very clear copy (not reduced).3.A letter of intent: This is a cover letter explaining why you are applying for an agreement. Highlight any important factors and be sure to refer to the property’s address and legal description, as well as your mailing address and phone number.4.Fees: Fees for encroachment applications are subject to a schedule in The City of Chestermere Encroachment Policy. Call Development and Infrastructure Services Department or email at encroachment@chestermere.ca regarding sending in your Real Property Report to us, we will reply in writing as to which application fee, if any, is relevant to your property.
The fee to apply is $100.00.
If a feature falls under Schedule “B”, the fee for an encroachment agreement is $300.00 and the application is immediately approved. If the feature does not fall under Schedule A or B, the application is circulated for approval. Should it be approved and the encroachment is 10m² or less a fee of $400.00 applies and $1000.00 if the encroachment is 10m² or more.
If the feature is not approved, the encroaching feature shall be removed by the owner.

Applications will not be processed if any of these requirements are missing.

Drop off your completed application at:

When we receive your application, we will circulate it to the affected City departments and utilities to determine if an encroachment will be approved.

If an encroachment is approved, we will prepare an encroachment agreement for registration which must be signed by the registered owners of the property. The Encroachment Agreement will remain for the life of the structure. The structure may not be rebuilt on City land.

Encroachment FAQs

1.

What is an encroachment agreement?

It is a legal agreement between The City of Chestermere and the property owner confirming that development beyond your property lines onto public property, City-titled land or utility rights-of-way has been reviewed and is authorized to remain.

2.Why do I need an encroachment agreement?

An encroachment agreement makes it easier for you to sell your property if you have a structure that encroaches on a utility right-of-way or City land. Standard real estate purchase contracts usually include a clause requiring the vendor to guarantee that The City has approved any encroachments. This guarantee may also be required by financial institutions.

4.Can anybody make an application?

5.Do I need a lawyer to apply for an encroachment?

You may choose to consult a lawyer if you think your application is complex.

6.What happens in the application process?

Your information and application are circulated to affected City departments (e.g. Roads, Parks, and Engineering) utility companies and CUI for approval. This may take up to 6 weeks.

Should the feature be approved, the applicable fee would be required at the time of signing an encroachment of the signing an encroachment agreement. The agreement will be drawn up by City Staff and registered at Land Titles.

7.Who signs an Encroachment Agreement?

After application and review by City Staff, should an encroaching feature be approved to remain with an Encroachment Agreement, City Staff will draw up the agreement for signature by the registered homeowner. All those registered on title musty sign the Encroachment Agreement.

8.How long does it take to process an encroachment application?

Processing times vary, but generally applications are reviewed and completed in six to eight weeks.

9.Does The City check for encroachments?

Bylaw enforcement officers work closely with builders to avoid infractions and encroachments during the construction phase. They also check regularly for encroachments elsewhere.

10.How much does an encroachment application cost?

Fees for encroachment applications are subject to a schedule in The City of Chestermere Encroachment Policy (link). Call Development and Infrastructure Services Department or email at encroachment@chestermere.ca regarding sending in your Real Property Report to us, we will reply in writing as to which application fee, if any, is relevant to your property.

The fee to apply is $100.00.

If a feature falls under Schedule “B”, the fee for an encroachment agreement is $300.00 and the application is immediately approved. If the feature does not fall under Schedule A or B, the application is circulated for approval. Should it be approved and the encroachment is 10m² or less a fee of $400.00 applies and $1000.00 if the encroachment is 10m² or more.

If the feature is not approved, the encroaching feature shall be removed by the owner.